The US government is moving ahead with plans to change the way social media platforms are regulated, following an executive order issued in May. The National Telecommunications and Information Administration, part of the Department of Commerce, filed a formal petition with the FCC asking the communications regulator to issue rules on when internet platforms are liable for user content posted on their sites.
The administration is seeking a new interpretation of the Communications Decency Act and specifically section 230 of the law which protects websites from liability for user-generated content. The government claims social media are using their content moderation policies as a form of "selective censorship" and wants them forced to disclose more detail on how they employ the policies. If they do not hold up the standards, they should face increased liability for the content, according to the White House.
The NTIA petition seeks FCC rules on to what extent section 230 covers the social media content moderation decisions, under what conditions they could lose that protection, and disclosure obligations on their content moderation practices. The FCC would be responsible for enforcing the rules as well.
Ministry of Truth
FCC commissioner Brendan Carr welcomed the petition, saying it offers a good opportunity to provide "much-needed clarity" on the law. "I look forward to reviewing and acting expeditiously on the petition," he said in a statement. Carr earlier published an opinion piece Newsweek outlining his views on a "conservative path forward" to regulating the tech sector. He suggested one option could be to give social media users the option to turn off the "bias filters", so they do not receive any content moderation or fact checking from the platform provider.
FCC commissioner Jessica Rosenworcel issued a statement opposing the plan. "The FCC shouldn’t take this bait," she said. "While social media can be frustrating, turning this agency into the President's speech police is not the answer. If we honor the Constitution, we will reject this petition immediately."
The Computer and Communications Industry Association also accused the administration of trying to create a "Ministry of Truth". The request to the FCC "is designed to pressure social media companies to bias content moderation decisions in the Administration’s political favor," the industry group said in a statement. "While digital services are busy fighting online misinformation and foreign influence during a pandemic and ahead of an election, it is disappointing to see the Administration instead doubling down on an obviously unlawful Executive Order."
